The High Court of Chhattisgarh allowed a second bail application for an applicant in custody under a cheating charge, directing release on personal bond with one surety.
Applicant released on regular bail upon furnishing a personal bond of Rs. 50,000 with one local surety for the like sum.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 7981 of 2021
---- Applicant
Versus
---- Respondent
For Applicant : Shri K.K.Pandey, Advocate For Respondent /State : Shri Raghavendra Verma, GA
Hon’ble Smt. Justice Rajani Dubey
Order On Board
12/11/2021
The applicant has filed this second bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 194/2020 registered at police station City Kotwali, district Bilaspur (CG) for the offence punishable under Sections 420,34 IPC.
The first bail application filed by the applicant was dismissed as withdrawn vide order dated 26.03.2021 in M.Cr.C. No. 8678/2020 along with the connected case.
As per prosecution case, report was lodged by the complainant alleging that the applicant along with the co-accused persons have cheated him by personating himself as Mukesh Ambani and obtained Rs. 65,00,000/-
from him through net banking, cash and ATM.
Counsel for the applicants submits that the applicant has been falsely implicated in the case. He submits that similarly placed coaccused person has been granted bail by this Court vide order dated 01.11.2021 in M.Cr.C. No. 8306/2021 and therefore the present appicant may also be granted the benefit. He submits that the applicant is in jail since 18.10.2020; the charge sheet has been filed and looking to the conduct of the prosecution, it is clear that the trial will take time for its conclusion, therefore he may be released on bail.
On the other hand counsel for the State opposes the bail application.
Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.
It is directed that in the event of the applicant’s furnishing a personal bond in the sum of Rs. 50,000/- with one local surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.
Sd/-
(Rajani Dubey)
Judge
suguna
1 issue framed by the court
Whether to grant regular bail to the applicant charged with cheating in view of the detention period and conduct of the trial.
1 provisions across 1 enactments
Virat Singh
State Of Chhattisgarh
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
